Kentucky

I was once told by an insurance defense lawyer not to be overly concerned about defensive pleadings as "they're only pleadings."

However, in the face of tort reformists' concerns over frivilous lawsuits, there might be some concern over accountability for frivilous defenses.  And if a frivilous defense is raised should it be hidden from the jury, or can the party simply say that was my lawyer and not me?  And should those frivilous defenses come forth simply from the defense attorney's creative mind and filed in an abundance of caution or should they be based upon a reasonable belief when initially pled?

In any event, a defense pled early should be withdrawn in due course or in the alternative no defense should be pled without a reasonable belief (and liberal amendments to the pleadings with the defense is discovered).  And if it is not withdrawn timely, then should there be any consequences such as a flip side to the malicious prosecution cause of action for frivilous lawsuits?

What prompted these comments? Stories from Herald Leader.

Pilot's lawyer will withdraw defense that passengers share blame
A lawyer for a pilot who was the only survivor of a 2006 jet crash in Lexington said Thursday he will withdraw a defense that the 47 passengers on the flight share blame for their deaths. CLICK ON HEADING FOR ENTIRE STORY.

Lawyer claimed 5191 victims shared blame

A lawyer for the first officer of Comair Flight 5191 has asserted a novel, and controversial, defense in 21 lawsuits filed against him: that the 47 passengers of the doomed flight share the blame for their deaths.  CLICK ON HEADING FOR ENTIRE STORY.